Harassed, discriminated against, or punished for speaking up at work? Here's how to file with the Florida Commission on Human Relations (FCHR) or the federal EEOC, what happens next, and how to protect your deadlines, even without a lawyer.
Our honest advice: read this, then talk to an employment lawyer before you file. Florida's deadlines changed on July 1, 2026, and a missed date can end your case for good.
Under the Florida Civil Rights Act of 1992 (FCRA), you must file an administrative complaint before you can sue. You can file with the state agency, the Florida Commission on Human Relations, or with the federal Equal Employment Opportunity Commission (EEOC). A complaint filed with the EEOC counts as filed with the FCHR for state-law purposes, so you generally don't need both. Don't file the same complaint twice without advice.
Follow these in order. Each step builds on the last, and skipping one can sink your case.
The Florida Civil Rights Act makes it illegal for an employer to discriminate because of race, color, religion, sex, pregnancy, national origin, age, handicap (disability), or marital status. Harassment based on one of these traits can be a form of discrimination. The law also forbids retaliation for opposing discrimination, or for filing a complaint, testifying, or taking part in an investigation.
Go to the FCHR's employment complaint page at fchr.myflorida.com and complete the online questionnaire. You can also file by mail at Florida Commission on Human Relations, 4075 Esplanade Way, Unit 110, Tallahassee, FL 32399, by fax at (850) 487-1007, or in person. Filing is free.
The FCHR uses your answers to prepare an official complaint for you. That complaint must be signed, dated, verified, and returned. The FCHR warns that if you don't return the signed complaint, it will close your file.
💡 Questions or need an accommodation? Call the FCHR at (850) 488-7082 or toll-free at (800) 342-8170. Prefer the federal route? Start at the EEOC Public Portal or call 1-800-669-4000.Your complaint needs a short, plain statement of the facts and the relief you want. What you include matters: if you leave something out, your employer may later argue that the claim was never properly raised with the agency.
Once your complaint is filed, the FCHR sends a copy to your employer, which may file a sworn answer. The FCHR may offer free mediation, which happens only if both sides agree. If the case doesn't settle, it investigates. Respond to every request from the agency, keep copies of everything you send and receive, and update the agency if your address or phone number changes.
💡 What's said during the FCHR's settlement efforts can't be made public or used as evidence later. FCHR complaint records are generally confidential, except to the parties.The FCHR's decision determines your next deadline. Write down the date on every letter you receive.
Want federal claims too, such as Title VII, the ADA, or age discrimination? Your charge must be filed with the EEOC, or dual-filed through the FCHR, within 300 days of the discrimination. That's shorter than Florida's 365 days. After you receive the EEOC's Notice of Right to Sue, you have 90 days to file a federal lawsuit. Age (ADEA) claims work differently: you can sue 60 days after filing your charge without a notice, but you must sue within 90 days after you receive notice that the EEOC has closed your charge.
Remember that the same EEOC notice can now also start your 1-year Florida deadline. One letter, two clocks, and they don't start the same way: the Florida clock runs from the date the notice is issued, while the federal 90 days runs from when you receive it.
Many self-represented employees file Florida Civil Rights Act claims in Florida state court. In state court, claims worth more than $50,000, or that ask for reinstatement or other equitable relief, go to circuit court; smaller damages-only claims go to county court. You generally file in a county where the employer resides or keeps an office, or where the claim arose. If you also have federal claims, those can be filed in federal court, and your Florida claims can usually be included in the same federal case.
Enter the date of the last act of harassment, discrimination, or retaliation (for example, your termination date). We'll estimate the key filing deadlines.
Estimates only. Special rules can shorten or extend these deadlines, for example if you discovered the facts late or your employer is a government agency. When a deadline falls on a weekend or legal holiday, Florida's court rules and the EEOC generally move it to the next business day. File early and don't count on the extra time. Confirm your deadlines with a lawyer.
Not under the Florida Civil Rights Act. Florida courts have held that the FCRA does not make individual employees, supervisors, or even the sole owner of a corporation personally liable for discrimination. The claim is against the employer (if the employer is an individual, such as a sole proprietor with 15 or more employees, that person can be liable as the employer). Federal law (Title VII) works the same way.
That doesn't mean the harasser is off the hook. Conduct like unwanted touching or threats may support separate personal-injury claims against the individual, such as assault or battery. Those claims have their own deadlines (see the table) and don't go through the FCHR. In most cases, the strongest approach is a timely complaint against the employer, plus a lawyer's review of any claims against the individual.
| Related claim | Typical deadline |
|---|---|
| Local agency complaint (e.g., Miami-Dade) | 180 days |
| Federal EEOC charge | 300 days |
| Federal lawsuit after EEOC notice | 90 days from receipt |
| Defamation (libel or slander) | 2 years |
| Negligence | 2 years (for claims arising after March 24, 2023; earlier claims had 4 years) |
| Assault, battery, and other intentional torts | 4 years |
| Private-sector whistleblower retaliation (Fla. Stat. § 448.103) | 2 years after you discover the retaliation, or 4 years after it happened — whichever is earlier |
| Public-employee whistleblower (Fla. Stat. § 112.3187) | Often 60 days for an agency complaint; some routes allow 180 days to sue |
| State-law tort claims against a government employer (Fla. Stat. § 768.28) | Written claim within 3 years; lawsuit within 4 years. FCRA claims don't need this notice. |
The tort and whistleblower claims don't go through the FCHR, and filing with the FCHR does not pause their deadlines. An FCHR complaint also doesn't count as a Miami-Dade or other local filing.
Miami-Dade Commission on Human Rights (County Code ch. 11A) covers employers with 5 or more employees. It adds protected traits not listed in the state statute, including sexual orientation, gender identity or expression, familial status, source of income, and status as a victim of domestic violence, dating violence, or stalking. Employment complaints are due within 180 days, and the county process has its own short follow-up deadlines — for example, 15 days to challenge a "no probable cause" finding. Contact: 111 NW 1st Street, 21st Floor, Miami, FL 33128 · (305) 375-2784.
Broward County's Human Rights Section enforces the Broward County Human Rights Act. Contact the county for its current coverage and deadlines.
Other local agencies include the City of Orlando, City of Tampa, City of St. Petersburg, Pinellas County, and Lee County human rights offices. Many have 180-day deadlines, so check right away.
State and local government employees are covered by the FCRA. Punitive damages aren't available against government employers, and total recovery is capped by statute.
Public whistleblowers: state agency employees retaliated against for protected disclosures generally must file a written complaint with the Chief Inspector General or the FCHR within 60 days. Local government employees may face a 60-day deadline under a local procedure.
Private whistleblowers: Florida's Private Whistleblower Act covers employers with 10 or more employees. Some protections apply only if you first put the problem in writing to a supervisor or the employer and gave them a reasonable chance to fix it.
The FCHR questionnaire looks simple, but what you put in your complaint, and which deadline you track, can decide your case before it reaches a courtroom. Your employer will have lawyers from day one. You deserve the same.
Talk to a Florida employment lawyer about your case today.
(305) 946-1884Derek Smith Law Group, PLLC
520 Brickell Key Drive, Suite O-301
Miami, FL 33131
Over $500 million in settlements and verdicts obtained for employees firm-wide, across all offices* · We represent employees, not employers
*Gross amounts. Each result depended on the facts of that case, and results will differ if based on different facts. Prior results do not guarantee a similar outcome.
No. Filing with the Florida Commission on Human Relations is free, and you don't need a lawyer to file. Court filing fees apply later if you sue, but you can ask the clerk to find you indigent if you can't afford them.
Yes. Before you can bring a Florida Civil Rights Act lawsuit, you must file a timely complaint with the FCHR or the EEOC and go through the administrative process. This is called "exhausting administrative remedies." Federal claims under Title VII and the ADA likewise require an EEOC charge first.
Yes, for Florida law purposes. A complaint filed with the EEOC can take the place of an FCHR complaint, and the earliest filing date counts. The FCHR asks people who have already filed with the EEOC not to file a second complaint with it. Keep proof of your filing date either way.
A new Florida law (Chapter 2026-116, Laws of Florida) changed the deadline to sue under the Florida Civil Rights Act. The existing 1-year deadline after an FCHR reasonable-cause determination now also runs from the EEOC's Notice of Right to Sue, whichever comes first. And if neither is issued within 180 days of your complaint, the outer limit is now 18 months after you filed. A separate provision that was not changed still requires suit within 1 year after the FCHR certifies that it mailed you a notice that it didn't decide in time, which could come sooner. The law also ended the requirement that the FCHR send certain notices by registered mail, so watch your regular mail and email closely. Older articles describing longer deadlines may no longer be accurate. If your complaint was filed before July 1, 2026, talk to a lawyer about which rules apply to you.
The FCHR dismisses your complaint. You have 35 days to request an administrative hearing before a judge. If you don't, your Florida Civil Rights Act claim is barred. If your charge was also filed with the EEOC in time, the FCHR says you may ask the EEOC in writing for a "substantial weight review" — and that request is due within 15 days after you receive the determination. Your federal claims may still go forward through the EEOC. Talk to a lawyer immediately. 35 days goes fast.
Not necessarily. The Florida Civil Rights Act and Title VII generally require 15 or more employees, and federal age claims require 20. But some local ordinances reach smaller employers. Miami-Dade's covers employers with 5 or more employees. Other laws, such as wage or whistleblower statutes, may also apply. A lawyer can tell you which rules fit your situation.
Under federal law, yes in important ways: in Bostock, the U.S. Supreme Court held that firing someone for being gay or transgender violates Title VII's ban on sex discrimination. Some local ordinances, such as Miami-Dade's, also list these traits expressly. Because the Florida statute's list doesn't name them, consider filing with the EEOC within 300 days.
You can still file with the FCHR or EEOC, but an arbitration agreement may require your lawsuit to be decided by an arbitrator instead of a court. Some agreements are unenforceable, so have a lawyer review yours.
Yes. The FCHR sends your employer a copy of the complaint. Retaliating against you for filing is itself illegal under the Florida Civil Rights Act, and it is a separate claim.
